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8 Acta Univ. Sapientiae: Legal Stud. 191 (2019)
Artificial Intelligence as an Instrument of Discrimination in Workforce Recruitment

handle is hein.journals/ausapls8 and id is 198 raw text is: 







ACTA UNIv. SAPIENTIAE, LEGAL STUDIES, 8, 2 (2019) 191-212


        Artificial Intelligence as an Instrument

    of  Discrimination in Workforce Recruitment


                         Alessandra Miasato
                             undergraduate student
              Universidade Presbiteriana Mackenzie, Sdo Paulo (Brazil)
                      E-mail: alessandra.miasato@gmail. com


                          Fabiana Reis Silva
                             undergraduate student
              Universidade Presbiteriana Mackenzie, Sdo Paulo (Brazil)
                        E-mail: fabianareis.nm@gmail.com


      Abstract. The purpose of this article is to reflect on the use of artificial
      intelligence in the process of hiring and on how biased algorithms can pose
      a great risk of discrimination to particular groups if artificial intelligence is
      not used properly with an emphasis on labour relations. Based on current
      research, we present the wide range of uses how AI technology can be
      deployed in the search for employees who satisfy the needs of employers on
      the labour market. The various manifestations of bias in AI implementations
      utilized in the field of human resources as well as their causes are presented.
      We  conclude that in order to avoid discrimination due to either wilful
      programmer behaviour or implicit in the data used to train AI agents, the
      observance of legal and ethical norms, as outlined in tentative projects
      underway worldwide, is necessary.

      Keywords: biased algorithms, discrimination in labour relations, artificial
      intelligence


1. Introduction

Discriminatory behaviours are part of the society for various reasons, many with
historical origins. And when it comes to labour relations the risk of discrimination is
very high due to the applicant's skin colour, sexual orientation, gender, or physical
aspects in general, among others. This discrimination can occur both during the
selection process for a certain job and the execution of the employment contract.
  In entirely personal interviews, there is a greater risk of a candidate suffering
from the prejudice any  potential employer may  have  against them. However,

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